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Biblioguides Terms of Use

Effective Date of Current Terms: January 1, 2022

Biblioguides, LLC operates the website located at biblioguides.com ("Site") as well as a subscription-based membership that offers more extensive data and features ("Membership"). The following terms and conditions govern your access to and use of the Site and Membership.

Please read the Terms of Use carefully before you use the Site or Membership. By using the Site or subscribing to Membership, you agree to these Terms of Use, including our Privacy Policy, without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, do not access or use the Site or Membership.

By purchasing Membership you acknowledge and agree to the following:

  1. In order to access Membership you will be required to provide specific information including your name and email. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any password provided should be safeguarded at all times. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of Membership under such passwords. You must not share your Membership login or password with anyone outside of your household. This will result in immediate termination of your access to Membership.

  2. We have the right to refuse Membership or cancel Membership at any time for any reason.

  3. After 30 days from purchase, your Membership fees are non-refundable, regardless of the frequency with which you access Membership content.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purpose other than your personal use, any portion of the content available through Membership.

  5. You will be billed for Membership in accordance with the quoted membership fee at the time that you subscribe. If the Membership that you purchased is a Monthly Membership, you will be automatically billed each month, until and unless you contact us to cancel your Membership. If the Membership that you purchased is a Yearly Membership, you will be automatically billed each year, until and unless you cancel your Membership. You must cancel before your next billing date in order to avoid a charge for the following period. You may cancel your Membership from within your account page, or by contacting us using our contact form. Until you terminate your Membership, you authorize our billing company to charge your credit card for the ongoing Membership fee. If you cancel, you may use your subscription until the end of your then-current subscription term. After you cancel your Membership you will have 1 month to reinstate your Membership at the rate you were previously paying. After 1 month if you rejoin Membership you will be charged the current Membership rate. Any personalized data, such as book lists and notes, will be kept on our servers for 1 year after you cancel your Membership. After 1 year if you rejoin Membership any personalized data will no longer be available.

  6. You are only permitted to one free trial. If a free trial period is currently being offered and you have previously had a free trial then your account will be automatically charged when you rejoin.

  7. It is your responsibility to inform us of any of the following changes in your credit card or debit account: Change in home or billing address or other contact information; change in security code; or an apparent breach of security of your login or password, such that unauthorized access to the Membership is possible. Unless you give proper notice to us of any such event, you agree to pay all charges for unauthorized use of the Membership through your account. In addition, we shall not be responsible for any bank overdraft fees, charges for exceeding credit limits, or any other fees or charges that may be imposed by your bank or credit card company. If your credit or debit card is declined for any reason, your membership will be suspended until your payment is successfully processed. Regardless of the Membership rate you were previously paying your Membership rate will be set to the current Membership rate if payment is not received within 1 month.

Lifetime Memberships
By purchasing a Lifetime Membership you acknowledge and agree that you receive access to Membership for the lifetime of the Membership service. If for any reason, Biblioguides should dissolve or cease to exist or no longer provide its Membership service, then your access to Membership terminates. Lifetime Membership may or may not include access to future products that Biblioguides may provide separately from Membership or as add-ons to Membership. In addition you acknowledge and agree that the features, data, and functionality that is provided as part of Membership may change over time.

Your Conduct and Content

As part of Membership you have access to post Reviews. We expect civility, respect and kindness from all of our Members. You agree that you will not use the Site or any Site materials or service to:
  • transmit spam, bulk, or unsolicited communications;
  • misrepresent your identity, or affiliation with any person or entity;
  • post content that negatively affects other users' ability to participate in the site or any site projects or services;
  • engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or
  • collect or store personal data about other users unless specifically authorized to do so by such users.
  • disclose unauthorized personal information, trade secrets or confidential information;
  • violate anyone's rights, including without limitation intellectual property rights;
  • transmit software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices;
  • post or link to commercial solicitations;
  • post inaccurate, defamatory, obscene, harassing, or otherwise objectionable in a manner which would support third party legal claims.

By posting content to Biblioguides, you assume all risk and consequences resulting from any third party's use of any content that you post.

By posting content to Biblioguides, you grant—and you represent and warrant that you have the right to grant, represent and warrant—to Biblioguides the perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-transferable and sublicenseable right, but not the obligation, to display, use, analyze, aggregate, modify, adapt, publish, translate, transform, create derivative works from and perform in any venue or media, online or offline, the content you submit.

We do not assert copyright over the content you post to Biblioguides. The non-exclusive right you grant us means you may also use and post your content elsewhere. By posting content to Biblioguides you let us use it, but you do not restrict what you can do with it.

Content
Excluding any content that may be submitted by members from time to time, we strive to ensure that the data that we provide in Membership and on the Site is complete and reliable. Certain information may contain typographical errors and other errors or inaccuracies, which we may correct without liability. If you find an error or inaccuracy on the Site or in Membership you may contact us using our contact form.

Copyright
Unless otherwise noted, all content included on the Site or Membership, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Biblioguides or our Partners, and is protected by United States and international copyright laws. The compilation of the Site or Membership is the exclusive property of Biblioguides and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on the Site or Membership is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications, regulations and statutes. You may use the materials or content on the Site or Membership only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the Site or Membership, please contact us. You are granted a limited license to use the Site or Membership for personal use only. Such grant does not permit you to do any of the following: (1) use the Site or Membership or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Site or Membership not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Site or Membership in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or Membership or to collect any information from the Site or Membership or any other user of the Site or Membership. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Site or Membership, and to block or prevent future access to and use of the Site or Membership for any reason or no reason. Upon termination, these Terms of Use will still apply.

Digital Millennium Copyright Act
Biblioguides expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on the Site or Membership without authorization, you may notify us with the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, email address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Changes to the Site or Membership
We further reserve the right to remove, delete, redact or otherwise modify content on the Site or Membership, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Site or Membership may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. If the Site or Membership contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site or Membership, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site or Membership for any reconstruction of any lost data. YOUR USE OF THE SITE, MEMBERSHIP, THEIR CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR MEMBERSHIP IS AT YOUR OWN RISK. THE SITE, THE MEMBERSHIP, THEIR CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIBLIOGUIDES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL BIBLIOGUIDES, ITS AFFILIATES OR THEIR LICENSORS, PARTNERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE MEMBERSHIP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR MEMBERSHIP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR MEMBERSHIP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless Biblioguides, its licensors and service providers, and its and their respective officers, directors, employees, contractors, partners, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the Site or Membership, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the Site or Membership, any rights of any other person or entity, or any applicable laws, rules or regulations.

Adequate Equipment
Your use of the Site or Membership is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Site or Membership and it is your responsibility to ensure the equipment’s functionality.

Miscellaneous
From time to time we may revise these Terms of Use to reflect changes in the Site or Membership or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of the Site or Membership means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the site by referring to the “Effective Date of Current Policy” at the top of this page. We control and operate the Site and Membership from the United States. We make no representation that materials on the Site or Membership are appropriate or available for use outside the United States. If you choose to access the Site or Membership from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No waiver by Biblioguides of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Biblioguides to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.